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Howard Geneslaw to Speak at NJSBA Webinar

Howard Geneslaw to Speak at NJSBA Webinar

Howard D. Geneslaw, a Director in the Gibbons Real Property Department, will participate in an upcoming webinar entitled “Advanced Topics in Land Use IV: Zoning and Planning Boards.” The webinar is presented by the New Jersey State Bar Association (NJSBA) and co-sponsored by the NJSBA Land Use Law Section and will be held on April 25 from 12:00 – 1:40 p.m. This is the fourth webinar in the NJSBA’s ongoing series featuring discussions about a variety of current zoning trends. Mr. Geneslaw’s topic is “Case Law Developments in Bad Faith Objections to Land Use Applications – Has the Judicial Tide Turned on Objections Asserted by Business Competitors?” In addition to Mr. Geneslaw, panelists will include Richard S. Schkolnick, Esq. (moderator), Brown Moskowitz & Kallen, PC; Gary S. Forshner, Esq., Greenbaum Rowe Smith & Davis, LLP; Donna M. Jennings, Esq., Wilentz Goldman & Spitzer, PA; Kenneth A. Porro, Esq., Chasan Lamparello Mallon & Cappuzzo, PC; and William C. Sullivan Jr., Esq., Scarinci & Hollenbeck. For a detailed agenda or to register, click here.

David Freeman to Speak at New York University Brownfields Program

David Freeman to Speak at New York University Brownfields Program

David J. Freeman, a Director in the Gibbons Environmental Department, will participate in an upcoming program entitled “New Opportunities in Brownfield Urban Redevelopment.” The event will be hosted by the NYU School of Professional Studies (NYUSPS) Schack Institute of Real Estate on February 22 from 9:00 to 11:00 a.m. This event is free to attend, but registration is required. Mr. Freeman will discuss recent developments in the federal, New York State, and New York City brownfield programs, including the controversial proposal in Governor Cuomo’s budget bill to defer payment of certain tax credits earned under the New York State program. In addition to Mr. Freeman, panelists will include Barry Hersh, Clinical Associate Professor, NYUSPS Schack Institute of Real Estate; Jean Hamerman, Deputy Director, Center for Creative Land Recycling; Michael Taylor, President, Vita Nouva LLC; and Daniel Walsh, Director, New York City Mayor’s Office of Environmental Remediation.

Gibbons Ranked Best Law Firm and Best Lobbying Firm in Inaugural NJBIZ Reader Rankings

Gibbons Ranked Best Law Firm and Best Lobbying Firm in Inaugural NJBIZ Reader Rankings

Gibbons P.C. has been selected as the best law firm and the best lobbying firm in New Jersey in the inaugural NJBIZ Reader Ranking Awards. The Reader Rankings were compiled through an online survey seeking the best of the best in a wide range of categories and subcategories. According to NJBIZ, “The publication of the 2017 Reader Rankings by NJBIZ is our way of recognizing the regard our readers have for the businesses in their communities. What makes the companies listed here distinct is the devotion they inspire among our region’s business leaders.” Gibbons has been recognized by numerous organizations and publications for the firm’s work on behalf of clients, including being named among the New Jersey Law Journal’s Litigation Departments of the Year, earning the top overall honors in 2014, as well as recognition for the practice areas of class actions (2017), products liability (2016), and commercial litigation (2013). The Gibbons Government Affairs Department has ranked as the #1 lawyer-lobbying firm in New Jersey for nine consecutive years, according to the New Jersey Election Law Enforcement Commission In addition, the firm and Gibbons attorneys are also consistently recognized in annual client-review publications such as the Chambers USA Guide to...

NJDEP Announces Change to Remediation Standards for Certain Contaminants

NJDEP Announces Change to Remediation Standards for Certain Contaminants

On September 18, 2017, the New Jersey Department of Environmental Protection (“NJDEP”) announced updated soil remediation standards for 19 contaminants. The updates are based on changes to toxicity data for the specified contaminants maintained by the United States Environmental Protection Agency in the agency’s Integrated Risk Information System database. Responsible parties and others conducting cleanups should consult with their Licensed Site Remediation Professionals and other environmental consultants regarding the applicability of the new standards to their sites. The new standards are in effect as of September 18, 2017. A copy of the updated standards can be viewed at NJDEP’s website.

Mere Fact That Application Would Bring Development Closer Into Compliance With Zoning Code Insufficient to Warrant Grant of Site Plan Approval and Variance, N.J. Appellate Division Affirms

Mere Fact That Application Would Bring Development Closer Into Compliance With Zoning Code Insufficient to Warrant Grant of Site Plan Approval and Variance, N.J. Appellate Division Affirms

The New Jersey Appellate Division recently affirmed denial of an application for site plan approval and variance relief despite an applicant’s contention that the application’s issues identified by the Planning Board were too minor to justify denial of the application that would bring the subject property into conformity with the zoning code. Although unpublished and nonbinding, the decision confirms New Jersey courts’ broad deference to local boards in this state, making clear that if a land use board’s legitimate concerns are not addressed by an application, the mere fact that the application would bring a property into conformity with the local zoning code is insufficient to secure a variance under New Jersey’s Municipal Land Use Law. In World Wheat Foundation, Inc. v. Planning Board of the Township of Saddle River, et al., a church-based, not-for-profit organization, sought site plan approval and variance relief to convert a property that previously served as a residential facility for the elderly into a vocational school to assist Korean families with language and the arts. The previous facility ceased operations more than two years prior to the application. The property was situated in the Township’s Secondary Business Zone, in which the former residential facility was...

Do You Like What You’re Reading? Rate Our Blog: The ABA Journal’s “Web 100” Award

Do You Like What You’re Reading? Rate Our Blog: The ABA Journal’s “Web 100” Award

Thank you for visiting the Gibbons Real Property & Environmental Law Alert blog! Content on our site, authored by members of the Gibbons Real Property & Environmental Department, integrates topics in transactional real estate, development, and environmental law that are critical to the success of property acquisitions and dispositions, real estate financings, lease transactions, major development projects, and remediation and redevelopment of brownfield sites. How are we doing? To review our blog and nominate the Gibbons Real Property & Environmental Law Alert for this year’s ABA Journal’s “Web 100” award, please visit abajournal.com/blawgs/web100 and share why you are a “fan” of our site (Please note: the voting process closes on Sunday, July 30). Thank you in advance for your support.

Turning Back the Clock: NJ Appellate Division Holds That ISRA De Minimis Quantity Exemption Still Available Following Withdrawal of NFA

Turning Back the Clock: NJ Appellate Division Holds That ISRA De Minimis Quantity Exemption Still Available Following Withdrawal of NFA

The New Jersey Appellate Division recently announced several interesting holdings regarding the New Jersey Industrial Site Recovery Act (“ISRA”), N.J.S.A. 13:1K-6, et seq. In R&K Associates, LLC v. New Jersey Department of Environmental Protection, Docket No. A-4177-14T1, the Court held that a former owner of an industrial site may apply for an exemption from the ISRA process even when the former owner has not owned the site for many years and elected to not pursue the exemption in the past. The case concerned the final decision of the Department of Environmental Protection (“DEP”) denying a De Minimis Quantity Exemption (“DQE”) under ISRA to the former owner of the subject industrial site. ISRA is the New Jersey law which generally requires owners of industrial sites to remediate on-site environmental contamination or expressly assume responsibility for remediation prior to transferring an ownership of the site. A DQE under ISRA allows an owner of an industrial site to avoid the requirements of ISRA where only trivial amounts of hazardous substances were used on-site. The case has an extensive procedural history with three appeals and numerous DEP actions, beginning with DEP’s withdrawal of a 1997 No Further Action (“NFA”) letter to the former owner. When...

Gibbons Part of Team Nominated by NAIOP for Mixed-Use Deal of the Year

Gibbons Part of Team Nominated by NAIOP for Mixed-Use Deal of the Year

NAIOP New Jersey, the commercial real estate development association, has announced the finalists for its Deal of the Year Awards. Gibbons P.C. was part of the team nominated for Mixed-Use Deal of the Year for the project involving the disposition of the Hoffmann-La Roche US headquarters in Nutley and Clifton, New Jersey. Winners in the categories of Industrial Deal of the Year, Office Deal of the Year, and Mixed-Use Deal of the Year will be announced at the 30th Annual Commercial Real Estate Awards Gala on May 11, 2017. Gibbons was part of the team that led the successful sale of the former 116-acre headquarters and research and development campus of Hoffmann-La Roche, which spans the municipalities of Nutley and Clifton, to Prism Capital Partners and a Boston-based investment manager. As part of the transaction, a joint venture between Hackensack University Medical Center and Seton Hall University will lease two of the campus buildings and 16 acres of the property for the new Seton Hall–Hackensack Meridian School of Medicine, the first new private medical school in New Jersey in over 40 years. The new site will also house Seton Hall’s College of Nursing and its School of Health and Medical...

EPA Agrees to Push Back Comment Deadline for Proposed Financial Assurance Regs

EPA Agrees to Push Back Comment Deadline for Proposed Financial Assurance Regs

The United States Environmental Protection Agency (“EPA”) recently extended the public comment period for a proposed rule which would impose financial assurances requirements for cleanups conducted by companies in the hardrock mining industry, as required by the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). In publishing the proposed rule on January 11, 2017, the EPA established a 60-day comment period for impacted parties to present their views on the rule to EPA. An overview of the financial assurance requirements imposed by CERCLA and the details of the proposed rule can be found in our prior posts on June 13, 2016 and January 4, 2017. On February 17, 2017, Congressmen Greg Walden (R-OR), Rob Bishop (R-UT), and Bill Shuster (R- PA) asked then-acting EPA Administrator Catherine McCabe to extend the comment period into the summer of 2017, citing the intricacies of the rule and complicated statistics on which EPA relied in drafting the rule. A week later, on February 24, 2017, recently confirmed EPA Administrator Scott Pruitt granted the request and extended the comment period by four months, claiming that the extension was in response to dozens of requests from stakeholders, in addition to the letter from the congressmen. Comments...

Executive Order Spells Uncertainty for Pending EPA Rules

Executive Order Spells Uncertainty for Pending EPA Rules

On January 30, 2017, as promised during his campaign, President Trump signed an executive order requiring federal agencies to identify two regulations to be repealed for every new regulation that is created. The order comes on the heels of a January 20, 2017 memorandum from White House Chief of Staff Reince Priebus directing agency heads to freeze new or pending regulations including those that had been finalized but not yet published in the Federal Register. The “one in, two out” rule and regulatory freeze spell uncertainty for regulations currently in the pipeline for adoption by the Environmental Protection Agency (“EPA”), including the proposed financial assurances rules for the hardrock mining industry we have previously covered here. Other impacted EPA rule proposals include a stormwater general permit designed to reduce polluted runoff from construction sites and a rule which would include vapor intrusion as a method of evaluating contamination levels at potential Superfund sites. At present, it is unclear how the administration’s actions will ultimately impact any pending EPA regulations (or those of other federal agencies). The environmental attorneys at Gibbons P.C. will be closely monitoring any further executive action impacting proposed EPA rules and report on any important developments.